In the Texas 89th Legislative Session, Texas Lawmakers have proposed to amend the Texas Alcoholic Beverage Code by introducing the following bills:
- HB5439:
- HB5443:
- HB5205:
- HB3937:
- SB2923:
- SB2633:
- HB4773:
- HB4517:
- HB3993:
- HB4285:
- HB4284:
- HB3529:
- HB3442:
- HB3428:
- HB3385:
- HB3336:
- HB3085:
- SB1378:
- Its winery permit was issued before May 1, 2010;
- Is located in a municipality with a population of more than 130,000 but less than 150,000; and
- Is located in a municipality within 3 counties, one of which has a population of more than 2million and less than 3 million.
- SB1355:
- HB2885:
- Has a population of more than 70,000 and less than
- that contains a portion of the Colorado River; and
- that is adjacent to a county with a population of one million or more.
- HB2793:
- SB1240:
- HB 2441:
- SB853:
- SB791:
- HB 679
- HB 708
- SB 245
- SB 246
- SB 287
- HB 1301
This bill would amend the dram shop act by prohibiting intoxicated persons or their estates from filing claims against alcohol providers for injuries or death resulting from their own intoxication. This would also make it easier for businesses to qualify for the safe harbor defense by clarifying its requirements and eliminating the confusing “indirect encouragement” provision that exists currently.
Relating to the repeal of certain related provisions governing relations between malt beverage manufacturers, distributors and retailers
Relating to the issuance of certain package store permits and the transfer of package store permits to another location.
Would give out-of-state winery direct shipper permit holders the ability to conduct samplings at temporary events.
Relating to operating agreements between holders of a distiller’s and rectifier’s permit and nonresident seller’s permit.
This bill would expand the eligibility of certain municipalities to order a local option election within a municipal alcoholic beverage zone without gathering the normally required signatures.
Would allow holders of multiple brewery permits to transfer malt beverages between their locations in certain situations.
This bill would create specific deadlines for wholesaler permit holders to pay distillery permit holders.
Would change the alcohol by volume threshold for the first sale of vinous liquor tax rate.
This bill would expand the areas in which airline transportation permit holders are allowed to store alcohol inventory near an airport.
Would end the current prohibition of package store permittees with local distributors permits from providing excessive discounts on alcoholic beverages to mixed beverage permit holders.
Would expand the types of alcohol mixed beverage holders could temporarily sell at certain racing facilities.
Would provide another program that courts could offer to minor defendants accused of certain criminal violations for a minor on deferred disposition.
This bill would make it a violation for a business to not display the red 51% gun sign if the business is required to display the same.
Would create a new TABC permit called a “Farm Winery Permit.”
Would provide a tax credit to certain permit holders with a tax credit for liquor and malt beverage byproducts donated for agricultural purposes.
Would expand the eligibility of certain cities to create a municipal alcoholic beverage zone.
Would allow a TX winery to also hold a nonresident seller’s permit if it has the following characteristics:
Would allow distilleries to tell liquor to wholesalers on credit.
Would allow cities and counties to order a local option election without collecting the required signatures if located in a county with the following characteristics:
100,000;
This bill would give mixed beverage permit holders the ability to allow patrons to bring their own (uninvoiced) wine onto the licensed premise, and would also allow MB permit holders to charge a corkage fee for opening uninvoiced wine.
This bill would allow breweries, wine-only package store permit holders and brewpubs to transfer beer between different locations.
Would allow carrier permit holders to transport beer, give consumer delivery permit holders the ability to deliver beer on behalf of breweries or subordinate brewpub holders, enable brewer’s license holders to ship product to the ultimate consumer, would create a new type of permit called an “out-of-state brewery direct shipper’s license,” and would make it a criminal offense to ship beer into Texas from outside the state without an out-of-state brewery direct shipper’s license.
Would exempt mixed beverage permit holders that also hold a subordinate brewpub license from paying mixed beverage gross receipt taxes in certain situations.
As it relates to public consumption offenses during certain hours, this bill would expand the definition of a public place to include non-licensed locations.
In areas where the sale of liquor for off-premise consumption has been approved by local option election (areas wet for liquor stores) this bill would authorize Texas Package Stores a.k.a liquor stores to sell alcohol on Sundays between 10 a.m. and 9 p.m, unless another local option election is approved to prohibit Sunday liquor store sales.
Texas distilleries are currently prohibited from selling more than four 750ml bottles of liquor to the same consumer within a 30-day period under Tex. Alco. Bev. Code 14.05(c). This bill would remove the 30 day limitation by repealing 14.05(c).
This bill would change the areas in which Consumer Delivery Permit Holders (CD Permittees) are allowed to deliver alcohol on behalf of alcohol retailers. Currently, CD Permittees are restricted to deliveries in wet areas within 2 miles of the city boundary line in which the underlying retailer is located; or if the underlying retailer is not in a city, the county where the retailer is located. SB 245 would amend the allowed delivery area for CD Permittees to within 50 miles from the underlying retailer’s premises.
Texas Distillers would be allowed to ship liquor to Texas consumers via a Carrier Permittee.
This bill would also create a new TABC permit called an “Out-of State-Distillery-Direct-Shipper’s Permit.” The new permit would allow US distilleries located outside of Texas to ship liquor to Texas consumers.
Finally, SB 245 would make shipping liquor from outside of Texas to consumers within the State a criminal offense if the shipper does not have Out-of State-Distillery-Direct-Shipper’s Permit. The TABC has recently expressed concern about illegal direct-to-consumer shipping; TABC’s Executive Director Thomas Graham spoke about this issue at the 2023 National Conference of State Liquor Administrators (NCSLA) Conference.
If passed, this one would essentially eliminate byob strip clubs in Texas by prohibiting non-TABC-licensed sexually oriented businesses from allowing alcohol to be brought or consumed at their business.
This would create a new subordinate TABC permit for Brewery (BW) and Winery (G) permit holders with restaurant facilities at their business. The subordinate permit would make these manufacturing-tier businesses eligible to sell beer and wine not brewed or fermented by the business. This would give BW’s with restaurant facilities the ability to sell outside beer and wine – similar to how Beer and Wine Retailers (BG) with subordinate Brewpub Licenses (BP) can – and for G’s to sell beer.
